The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 introduced minimum energy efficiency standards (MEES) for domestic private rented properties in 2018. The regulations were introduced to improve the quality of private rented buildings in England and Wales, to increase the energy efficiency of the worst performing houses and buildings, to improve the comfort and conditions in privately rented homes and reduce fuel poverty.
Currently, privately rented properties must achieve an Energy Performance Certificate (EPC) rating of E or better or have a valid exemption registered. The legislation prevents landlords from renting out a property with a rating of F or G. This applies to all new and existing tenancies.
The Government has issued MEES guidance for landlords.
What are we doing?
Our Private Sector Housing Team are investigating any potential breaches of the MEES regulations and enforcement action will be considered against landlords that fail to bring their property up to the required standard. The onus is on the landlord to ensure that their property meets the MEES standards.
If a private sector landlord continues to rent a property with an EPC rating of F or G, a Compliance Notice and a Penalty Notice can be issued to the landlord together with a fine. If you believe a property is being rented out that does not meet the regulations you can report it below:
Report an issue with your property here
Landlord Responsibilites
Landlords must ensure all their properties have a valid EPC and their rented property meets at least an ‘E’ rating, unless a valid exemption has been registered.
Recommendations for improvements can be found on the EPC and might include:
- Boiler renewal
- Installation of radiator thermostats
- Upgrade and install loft insulation
- Install cavity wall insulation
- Install energy efficient light bulbs
Properties with older EPC’s might have already undergone work to meet the required standard but the current EPC may no longer reflect the actual energy efficiency rating of the property. Where a landlord has undertaken appropriate works already, then they should check their EPC’s and consider renewing them to reflect the upgrades which have already been undertaken.
Although it may be possible to register an exemption in certain circumstances to comply with MEES, landlords should be mindful that poor energy efficiency may still need to be addressed. The Housing Act 2004 gives Local Authorities the power to enforce minimum Housing Standards in the private rented sector using the Housing Health and Safety Rating System (HHSRS).
The EPC rating of a property therefore cannot be considered in isolation. Even if a property meets an EPC E rating, landlords will need to ensure their property is provided with adequate heating and thermal comfort to ensure that there is not a serious Excess Cold hazard. Local Authorities can issue penalties of up to £30,000 when hazards such as excess cold are identified in a property.